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HomeMy WebLinkAbout1000-86.-7-2.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner LWRP Coordinator Date: December 10, 2012 Re: Proposed Wetland Permit for JOHN M. SCOPAZ SCTM# 1000-86-7-2.1 Valerie Scopaz on behalf of JOHN M. SCOPAZ requests a Wetland Permit to backfill with +/- 200 cubic yards clean fill to restore the undermined embankment and re-vegetate disturbed area; installation of a proposed retaining wall approximately 75' in length with two (2) angled returns approximately 5'-7' in length; to reconstruct the existing stairs with associated platforms in-place from top of bank to beach; and for ordinary maintenance & repairs to the existing bulkhead. Located: 6300 Indian Neck Lane, Peconic. SCTM# 86-7-2.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3~ OESCRIPTION OF SITE AND PROPOSED ACTION - If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. - A copy of the LWRP is available in the following places: online at the T0x~n bf Southold %~. Z~. website (southoldtown.nortb_fork.net), the Board of Trustees Office, the Plannit. Department, alit local libraries and the Town Clerk's office. : ~i !.. ~U~ - 5 2012 The Application has been submitted to (check appropriate response): Town Board Planning Board [] Category of Town of Southold agency action (check appropriate response): Building Dept. Board of Trustees ~ £- (a) Action undertaken directly by Town agency (e.g. capital construedon, planning activity, agency regulation, land transaction) 00) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: ~,~,~9 ~ ~:~c~ Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the followin4g information shall be provided: (a) Name of applicant: xa/~O~v (b) Mailing address: ,~/ (c) Telephone number: Area Code ( ) ~o~ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No[--~ Ifyes, which state or federalagency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of S0uthold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. Yes ~-] No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [-~ No ~-~Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes ~ No ~ Not Applicable At~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - PoliCies Pages 16 through 21 for evaluation criteria Yes N No L--~NotApplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable ARach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. N Yes [--] No V-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [-3 Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH ' Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III.- Policies; Pages 47 through 56 for evaluation criteria. N Yes ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy ll. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~-~ No [~ Not Applicable ' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. N Yes ~-~ No ~/Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. N Yes [-'-] 'No [---~Not Applicable Explanation of Application Goals The attached application for permit approval is designed to achieve the following things: 1. Ensure the stability of the bank adjacent to the house and patio. 2. Protect and retain (to the extent possible) the existing trees, shrubs, vines (and their root systems) at the top of the bank, so as to maximize the multiple ecological, as well as aesthetic, advantages of mature vegetation between the house and the water's edge. 3. Facilitate the planting of appropriate native vegetation within the existing and proposed fill areas, such as low maintenance, salt tolerant species capable of holding soil against future erosive events. E.g. various native beach grasses, Rosa Rugosa and others as may be recommended after consultation with regional experts, e.g. Comell Cooperative Extension. A more detailed plan will be submitted in time for review prior to the public hearing. Challenges The site poses significant engineering and logistical challenges. 1. Due to the combination of high tide, sustained winds and wave action, the bluff along the entire waterfront edge of the property is unprotected and susceptible to further sloughing during future rainfalls, high winds and storm events. This bluff must be stabilized immediately. 2. The underpinning of the existing stairs, which followed the contour of the old bluff face, was substantially destroyed by wave action and soil erosion, thus must be removed, along with what is left of the stairs. The configuration of the new stairs should be coordinated with the proposed bluff stabilization structure. This is likely to result in a shorter, more direct mn of stairs. Due to the very real time and labor constraints posed by this emergency, the details of the proposed stairs will be submitted for Trustee approval as soon as they become available, most likely after the start of the proposed construction of the new retaining wail. 3. As seen in the enclosed pictures, the remeining shrubs and trees indicate a mature root system which provided extensive soil retention capabilities (not to mention water absorption). It is likely more soil would have been lost had it not been for these plants. For that reason, the existing vegetation that survived the storm should be retained to the greatest extent possible during the construction of this proposed retaining wail. 4. After the proposed wall is constructed and the fill is contoured to slope downward from the remaining lawn to the edge of the wall, it is proposed to introduce new native, salt-tolerant vegetation directly behind the new retaining wall up to the remains of the lawn. Again, please note: NO NEW LAWN AREAS are proposed or desired. The details 2 of this landscaping are being worked out with the assistance of regional experts and will be provided to the Trustees for their approval before any planting is attempted. 5. The first six feet of existing fill behind the existing bulkhead (seaward of the proposed retaining wall) seems to have been held in place by the extensive root system of the Rosa Rugosa plants that once blanketed this area directly behind the bulkhead. As seen in the pictures, many of the roots still remain. In the past, these roots have re- sprouted after storms. If they fall to do so this time, the area is proposed to be re- vegetated with new Rosa Rugosa plants and other appropriate species in accordance with recommendations by regional experts, which (as noted earlier) are being consulted prior to the preparation ora landscape plan. As noted above, NO NEW LAWN AREAS are proposed or desired. 6. To prevent scouring (due to storm tide wave action) of the existing land at the foot or toe of the proposed vinyl sheathing, we wish to place an approximately 6 foot wide bed of 30 to 40 pound rocks, anchored and secured by wire mesh, possibly back- filled with sand. If feasible, beach grass will be planted in this area as well. The contour or profile of this bed is proposed to be approximately one foot above the land seaward to the back of the existing bulkhead. Construction Details Retaining Wall: The proposal is to coastmct a corrugated vinyl-sheathed wall 15 inches deep which will be attached to 10" pilings, each 14 feet long. The pilings will be braced by 8" logs and attached to 8" square dead-man pins with 1" diameter rods of 8 to 10 feet in length. The pins are proposed to be placed landward of the sheathing but seaward of the brick patio. The top of the sheathing will be topped with either grating or wood. Fill will be brought in either by small front loaders from the side yards of the house or during low tide, accessing the beachfi.ont f~om either Indian Neck Lane or Robinson Lane, depending. If access is from Indian Neck, appropriate permit will be obtained from the Highway Department. If access is fi.om Robinson, permission of the Robinson Lane Property Owners' Association will be obtained. The placement of the retaining wall is designed to mimic (to the extent possible) the pre- existing terrain, as depicted on the survey. The retaining wall will be tied into the bank as shown on Aerial Drawing, in order to prevent future erosion behind the structure. Fencing: A low fence is proposed at Point F (shown on the Aerial and Profile drawings) in order to prevent any one fi.om venturing too close to the sloped area that will extend from the existing lawn down to the proposed retaining wall. Details of this fencing will be provided for Trustee approval prior to installation. John Scopaz November 9, 2012 Board of Trustees P.O.Box 1179 Southold, NY 11971 Re: 6300 Indian Neck Lane Peconic, NY Location: S/S Indian Neck Lane, 959 feet E/Robinson Lane, Peconic SCTM # 1000-86-07-2.1 Dear Sirs, This letter is to request the attached documentation be incorporated into the application. The documentation provides details and amends the previous application in the following manner: 1. Removes request for fencing at top of bank nearest the house. 2. Removes request for placement of rock at toe of proposed retaining wall. 3 Substitutes Rosa Rugosa for Beach Grass on the top of the proposed retaining wall. 4. All stairs are proposed to replaced in the approximate location and configuration as was existing and shown on survey. Since this work must be done before the ground freezes, please brinR ANY concerns or questions to my attention ASAP via telephone. I can be reached at the following number: Cell: 203 912 6094 Again, I hope you will expedite this urgent request. Sincerely, 204 Corlies Avenue Pelham, NY 10803 6300 Indian Neck Lane Peconic, NY John Scopaz Supporting Documentation The following narrative is intended to explain further the information provided in the attached Trustee application. Protection of Embankment 1. Due to the combination of high tide, sustained winds and wave action, most of the embankment along the waterfi'ont edge of the property (about 87 feet) was undermined, has lost its vegetative cover, thus is unprotected and susceptible to further sloughing during future rainfalls, high winds and storm events. This exposed land must be stabilized immediately - before winter sets in. 2. The ground around the cedar (at SW corner) shows evidence of cracking. Protecting the root system of the remaining shrubs and trees (three locusts) requires the roots be re-covered with soil before winter sets in. 3. The proposed retaining wall is designed to mimic the previous contour/elevation. It will be set 12 to 14 feet landward of the existing bulkhead and will rise approximately 6 to 7 feet above the existing grade (behind the bulkhead). 4. After the proposed wall is constructed, the fill placed landward of the wall will be contoured to slope downward from the remaining patch of lawn to the edge of the wall. The face of this slope will be m-vegetated with Rosa Rugosa. Please note: NO NEW LAWN AREAS are proposed or desired. If anything, the amount of lawn will be reduced. Access to Beach 1. The underpinning of the existing stairs, which followed the contour of the embankment face, was substantially undermined by wave action and soil erosion, thus must be removed, and replaced. The configuration of the new stairs will follow the outline of the existing stairs, as shown on the survey. Existing Bulkhead 1. The land behind the existing bulkhead (seaward of the proposed retaining wall) seems to have been held in place by the extensive root system of the Rosa Rugosa plants. As seen in the pictures, much of the root system remains. In the past, these roots have re- sprouted after storms. If these roots fail to regenerate by next spring, the area will be re-vegetated with new Rosa Rugosa plants. Native species of American beach grasses can be added in- between the new plants to hold the soil until the mgosa fills in. As noted above, NO NEW LAWN AREAS are proposed or desired. 6300 Indian Neck Lane Peconic, NY John Scopaz Supporting Documentation continued Construction Details: See attached drawings for more details Retaining Wail: 1. The proposal is to construct a corrugated vinyl-sheathed wall 15 inches deep which will be attached to 10' pilings, each 14 feet long. The pilings will be braced by 8" logs and attached to 8" square dead-man pins with 1" diameter rods of 8 to 10 feet in length. The pins are proposed to be placed landward of the sheathing but seaward of the brick patio. The top of the sheathing will be topped with either grating or wood. 2. The wall will be located 12 to 14 feet landward of the existing bulkhead. The placement and height (6 to 7 feet above grade of existing bulkhead) of the retaining wall is designed to mimic (to the extent feasible) the pre-existing terrain, as depicted on the survey. 3. The retaining wall will be angled then tied into the bank as shown on Aerial Drawing, in order to prevent future erosion behind the structure. Fil~l 1. Approximately 200 cubic yards of clean, sand fill will be brought in either by small front loaders from the side yards oftbe house or during low tide, accessing the beachfront from either Indian Neck Lane or Robinson Lane. (If access is determined to be most feasible from Indian Neck, appropriate permit will be obtained from the Southold Town Highway Department. If access is determined to be more feasible from Robinson, permission of the Robinson Lane Property Owners' Association will be obtained.) 2. The fill will be contoured to slope downward from the edge of the existing lawn down to the top of the proposed retaining wall. As noted earlier, this area will be planted with Rosa Rugosa. Stairs 1. The stairs are proposed to be replaced in the same configuration and alignment. 2. The supporting timbers will be ofnon-CCA treated lumber (ACT) and the treads will be of Timber Tek. 6300 Indian Neck Lane Peconic, NY 3 NOV - 5 2012 NOV - 5 20]2 SURVEY OF PROPERTY SITUA T£ ~9 PECONIC .~z ~ TOWN OF SOUTHOLD .~ ~L~r'* . ~ SUFFOLK COUNTY, NEW YORK ~,~1~_~ ~ ~ S.C. TAX No. 1000-86-07-2.1 ~ ..~'$~" ~ ~~ SCALE 1"=40' ~.~ ~-'~ ~uou~ ~, 2oo~ ¢ ~ ~.~ -~ ~ AREA = 110,711 sq. ff. ~ ~ k ~ o. (TO Tie Li~e) 2.542 eC. ~ -- ~ CE~FlanON5 INOICA~ HEREON S~LL RUN